Karnataka Property Laws

Why Survey documents play a crucial role in Title Verification. Introduction When verifying the title of an immovable property in India, most people tend to focus on documents like the sale deed, encumbrance certificate, and tax receipts. While these are essential to prove legal ownership, one crucial element often overlooked is the survey document. Survey records not only help in establishing the physical identity and extent of the property but also ensure the boundaries on the ground match what’s written on paper. Ignoring these records can lead to serious risks—ranging from boundary disputes to buying government or encroached land. In this article, we explain the importance of survey documents in title verification, the types of survey records you must check, and the potential consequences of neglecting them during property transactions. What Are Survey Documents? Survey documents are official land records maintained by the Revenue Department or Survey and Settlement Dep...

  What is a Legal Opinion in Property Purchase? Why Its Contents Matter Before You Invest In India, buying immovable property can be both rewarding and risky. Property disputes are common, and land ownership laws are layered with complexities. This is why obtaining a legal opinion from a qualified advocate is not just a good practice — it’s a vital safeguard before making any investment in land or real estate. Yet, many buyers overlook this crucial step or rely on informal advice, unknowingly risking their entire investment. So, what exactly is a legal opinion, and why is it essential in property transactions? What is a Legal Opinion in Real Estate? A legal opinion is a formal document prepared by a legal expert , usually an advocate specializing in property law. It certifies whether: The title of the property is clear, The ownership is legally valid and marketable, The property is free from legal defects or disputes. Think of it as a legal health report for the pr...

Why Obtaining a Legal Opinion Before Purchasing Immovable Property is Essential Buying immovable property is one of the most significant investments in a person’s life. In India, where land records are often unclear and property laws vary from state to state, skipping a legal opinion can turn this investment into a financial nightmare. What is a Legal Opinion in Property Transactions? A legal opinion is a formal, written assessment provided by a qualified advocate—usually one with expertise in property law. It certifies whether the property in question has a clear, marketable title and is free from legal encumbrances. This legal check acts as a protective shield for the buyer, ensuring that their investment is legally sound. Key Advantages of Obtaining a Legal Opinion 1. Verification of Ownership and Title An experienced advocate will scrutinize title deeds, past ownership records, revenue documents, and mutation entries to: Confirm the legal right of the seller...

Grounds for suspension of sentence under Sec.389(1) of CRPC/Section 430(1) of BNSS Act.   Section 389 of the Code of Criminal Procedure (CrPC)/ Section 430(1) of BNSS Act allow, appellate court to suspend the execution of a sentence and grant bail to the accused during the pendency of an appeal. The following are the grounds for suspension of sentence under Section 389 CrPC, supported by relevant judgments:   1. Prima Facie Case in Favor of the Accused If the appellate court finds a prima facie case in favor of the accused or serious doubts arise regarding the correctness of the conviction, it may suspend the sentence. Case Law: Kashmira Singh v. State of Punjab (1977 AIR 2147) The Supreme Court held that in cases where there is a long delay in the hearing of an appeal, and there are arguable points in favor of the accused, the sentence can be suspended.   2. Delay in Disposal of Appeal A significant delay in the disposal of the appeal is a valid ground for suspension of ...

  The passing of title from the first owner to the present owner without any encumbrances is of utmost importance in Sale/Lease/Mortgage/Gift transactions. This process, often referred to as the chain of title, ensures that the current owner has a valid and clear ownership right to the property, unencumbered by any claims, liens, or other burdens. The chain of title refers to the chronological sequence of transfers of ownership rights from one party to another, starting with the original owner or grantor. It is typically established through a series of recorded documents, such as deeds, contracts, and court orders. Each document in the chain serves as evidence of the transfer of ownership and provides a link between the previous and current owners. A clear chain of title is crucial for several reasons. First and foremost, it provides certainty and security to the present owner. It assures them that they hold a legitimate and undisputed claim to the property. Without a clear cha...

  Original (Mother) title deed and its types. The term "mother title deed" is not commonly used in the context of property ownership or legal terminology. However, based on the general understanding of the term, a "mother title deed" could refer to the original or primary title deed that establishes ownership of a larger piece of land or property. It is the original document from which subsequent subdivisions or transfers were made. In some cases, when a large piece of land or property is divided into smaller plots or parcels, individual title deeds are created for each subdivided portion. These individual title deeds would be derived from the "mother title deed" that represents the original ownership of the entire property before it was divided. Types of Title Deeds: 1.       Sale Deed: This is the most common type of title deed used in property transactions. It is a legally binding document that transfers ownership of the property from the seller...